论文部分内容阅读
现代法治主要表现为民主型法治。党的十六大报告指出,“发展社会主义民主政治,建设社会主义政治文明,是全面建设小康社会的重要目标”,“发展社会主义民主政治,最根本的是要把坚持党的领导、人民当家作主和依法治国有机统一起来”。要真正把党的领导、人民当家作主和依法治国有机地统一起来,笔者认为,一个非常关键的环节就是必须做到依法行政,虽然行政权力本身意味着强制,但伴随着中国社会的转型,行政的强制性色彩日渐减退,行政目标的实现越来越依赖契约、指导、服务等具有私法性质的柔性手段。依法行政是现
Modern rule of law is mainly manifested in democratic rule of law. The report of the 16th CPC National Congress pointed out: “To develop socialist democratic politics and build a socialist political civilization is an important goal for building an overall well-to-do society.” “To develop socialist democratic politics, the most fundamental thing is to adhere to the principle of keeping the leadership of the Party and the people Be the masters of the house and rule the country by law. ” To truly unify the party’s leadership, people’s masters and rule the country by law, the author believes that a very crucial link is the need to be legally administrated. Although administrative power itself means compulsion, along with the social transformation in China, The compulsion of administration diminishes gradually, and the realization of the administrative goal is more and more dependent on the flexible means of private law, such as contract, instruction and service. Administration according to law is now